H1B Visa Lawyer Blog

Administrative Appeals Office (AAO) Processing Times

Tue, 21 May 2013 08:00:00 -0500

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of May 2, 2013.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 9 months.

**Most other cases are within USCIS's processing time goal of 6 months or less.

MVP "Immigration Q & A Forum" - This Friday, May 24, 2013

Mon, 20 May 2013 08:00:00 -0500

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 24, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Update on Receipt Notices for FY2014 H-1B Cap Cases

Fri, 17 May 2013 09:57:31 -0500

USCIS Service Center Operations indicated on a May 15, 2013 call with AILA that as of Friday, May 10th all data entry was completed and receipt notices have been sent.

Rejection notices have also started to be sent out.

Please allow until the end of May for delivery of receipt/rejection notices.

Source of Information: "AILA InfoNet Doc. No. 13041600 (posted May. 16, 2013)"

Impact of New Americans: Alabama, Arizona, California & Connecticut

Fri, 17 May 2013 08:00:00 -0500

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Alabama, Arizona, California and Connecticut.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Alabama: http://www.immigrationpolicy.org/just-facts/new-americans-alabama

• Arizona: http://www.immigrationpolicy.org/just-facts/new-americans-arizona

• California: http://www.immigrationpolicy.org/just-facts/new-americans-california

• Connecticut: http://www.immigrationpolicy.org/just-facts/new-americans-connecticut

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

The future of all Californians depends upon the success of immigrants - Governor of California

Thu, 16 May 2013 08:00:00 -0500

On May 13th, the Governor of California, Jerry Brown (D) wrote a letter to Senator Dianne Feinstein (D) supporting the Senator’s work on immigration reform. Senator Feinstein is a senior member of the Senate’s Judiciary Committee, which is working on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). In his letter, the Governor stated, “California is home to over 10 million immigrants, greater number than the whole population of Georgia or Michigan.” He pointed out that, “From the engineers and programmers working in Silicon Valley on H-1B visas, to the 2.9 million undocumented workers toiling mostly in the service and agricultural industries, the contributions of foreign-born Californians are fundamental to the state’s economy.”

In the letter, the Governor makes some interesting points about the need for reform. He goes further and states, “The future of all Californians depends upon the success of immigrants…” He feels that, “In order to avoid dire consequences for our state, comprehensive immigration reform must occur this year…”

MVP Law Group finds it notable that the Governor of the largest populated state in our country used the word, “dire” to describe the consequences for his state if our national immigration system is not reformed. I would like to note that California is the largest producer of agricultural products in the United States and the home of Silicon Valley.

Source of Information:

Office of the Governor (California), (5/13/13), letter
Letter form Governor Brown to Senator Feinstein – Immigration Reform

Help Us Improve the Bill - Senator Marco Rubio

Wed, 15 May 2013 08:00:00 -0500

Senator Marco Rubio, one of the republican members of the Gang of Eight is asking the public to “Help Us Improve the Bill”. His senate web site includes a page requesting citizens to make comments on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). This proposed bill is still in committee, so it is a great time to submit your comments.

Senator Rubio included a video that summarizes his views on immigration reform. The video points out why he thinks this legislation is so important to his constituents and overall, the America people. He states, “…I want to invite you to share your thoughts and submit your ideas below, on ways we can improve it (Comprehensive Immigration Reform).”

MVP Law Group would encourage anyone interested in the proposed immigration reform legislation to take a few minutes and provide comments and ideas on the Senator’s web page.

Source of Information:

Senator Marco Rubio’s Web Site, rubio.senate.gov: Help Us Improve the Bill

Visa Bulletin - June 2013

Tue, 14 May 2013 08:00:00 -0500

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2013 Visa Bulletin.

The June 2013 Visa Bulletin shows employment based second preference (EB-2) and employment based third preference (EB-3) as both being oversubscribed. EB-2 is current for all chargeability areas except those listed.

The employment based second preference cut-off date for China is 7/15/08 and 9/1/04 for India.

**The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

Effects of the proposed immigration reform legislation on Social Security

Mon, 13 May 2013 08:00:00 -0500

Senator Marco Rubio, one of the republican members of the Gang of Eight requested that the U.S. Social Security Administration, Office of the Chief Actuary study the effects of the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act on this country’s Social Security system. An actuary is a statistician who calculates the possible financial impact of financial proposals. You can read the resulting analysis in a letter from the Chief Actuary to Senator Rubio in the link below. The letter includes an accompanying table which shows the findings in further detail.

The Chief Actuary’s analysis projects that by 2024 that the proposed immigration reform act would create 3.22 million jobs and increase the Gross Domestic Product (GDP) by 1.63 percent. He stated in the closing that, “Overall, we anticipate that the net effect of this bill on the long range OASDI actuarial balance will be positive.” OASDI stands for old age, survivor and disability insurance, which is commonly referred to as Social Security.

Source of Information:

washingtonpost.com (5/8/13) letter:
Letter from the Office of the Chief Actuary to Senator Rubio, includes table

washingtonpost.com (5/8/13) post:
Study: Immigration reform would create over three million jobs

latimes.com (5/8/13) article:
Social Security boosted by immigration bill, chief actuary says

MVP LAW GROUP – Immigration Q&A Forum, Friday, May 10, 2013

Fri, 10 May 2013 08:00:00 -0500

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1
If I am working in the US with an H-1 Visa, can I obtain a driver’s license right away? What do I need to show them at the Motor Vehicle place?

Answer #1
Yes. You must present necessary supporting documents required to verify legal presence in the United States. Generally, a nonimmigrant should be prepared to present the following: Valid passport with visa (if applicable); Form I-94, “Arrival/Departure Record”; Form I-20 (for an F or M student) or Form DS-2019 (for a J exchange visitor); EAD card (Form I-766 “Employment Authorization Document”), if on post-completion OPT; Form I-797, “Notice of Action,” in cases of a change of status (e.g., from F-1 to H-1B); Social Security number (SSN) on a Social Security card. To determine what is specifically required in your state, you will need to check the DMW website or contact a local DMV office

Question #2
How do I become categorized as STEM worker? I would like to find a job in the US. Right now, I live in Prague and have my Master’s Degree in Computer Science.

Answer #2
In order to become categorized as a STEM worker, an applicant must receive an accredited U.S. degree in one of the STEM fields – Science, Technology, Engineering and Math.

Question #3
I work for Toyota as a head mechanical specialist and my company wants to transfer me to a plant in the US. Would I qualify for an L-1 Visa?

Answer #3
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A - for executives and managers; and L-1B - for personnel with specialized knowledge.
Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S. who transfer employees to the U.S. office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa.
To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company.

Question #4
What date does my company have to start using the new I-9 form?

Answer #4
Beginning May 7, 2013, Employers must ONLY use the newly revised Form I-9 with revision date 3/08/2013 appearing in the lower left hand corner of the Form.

Question #5
What is an EB-5 visa?

Answer #5
In short, The EB-5 visa is for Immigrant Investors. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area" - high unemployment or rural area), creating or preserving at least ten (10) jobs for U.S. workers excluding the investor and their immediate family.

For more information on the EB-5 Immigrant Investor visa, please contact our office.

Question #6
My family has vacation plans to travel back to India in August 2013. Can I file my H-1B extension petition prior to my leaving for vacation?

Answer #6
You may file your H-1B extension up to 6 months prior to the expiration of your current H-1B visa. You should file as early as possible, as we do not recommend that you travel outside of the U.S. while your H-1B extension petition is pending with the USCIS.

Question #7
What does it mean when a Priority Date becomes current?

Answer #7
When your Priority Date becomes "Current", it means that there are visa numbers available for your particular nationality, for your situation, for your particular preference category, (i.e. India, Employment Based, Third Preference). When your Priority Date becomes current, you may then proceed to the Adjustment of Status or Consulate Processing phase of the Green Card process.

Question #8
If my Green Card is expiring the end of this year, how soon should I apply to renew it?

Answer #8
You can apply up to six months prior to the expiration date of your card (indicated on the front of the card).

Question #9
I’m a U.S. Citizen and engaged to marry my Irish fiancé. We have known one another for over five years and have been engaged for three months. Can I sponsor my fiancé? What are the requirements?

Answer #9
If you petition for a fiancé(e) visa, you must show that:
• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

Question #10
If I am residing in the US with an H4 Visa, can I apply for a Social Security card?

Answer #10
You cannot apply for a Social Security card, as an H4 dependent under current immigration laws.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, May 24, 2013!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

BALCA on Text of Radio Advertisements

Thu, 09 May 2013 08:00:00 -0500

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Literary & Media Specialist”.

The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).

PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.

The Employer requested a review of the CO’s denial stating that they submitted a complete CD audio recording of the actual on-air advertisement. The CD was clearly labeled with the date of the ad as well as the title “Radio Proof” and the Company’s Name. In addition, the employer supplied an advertiser’s tear sheet that showed the ads were aired on two separate time frames on WAXQ-FM. Both the CD and the tear sheet reflected the name of the Employer and the Advertising agency. The Employer also presented the radio ad’s invoice which indicated the name of the radio station, advertiser, company name and the exact same number of radio spots as the tear sheet.

The CO forwarded the appeal to BALCA for review of the case by arguing that the Employer did not submit the actual advertising text.

Upon examination of the case, BALCA believed “the audio recording provided of the ad text is by definition a copy of the employer’s text.” They could not find reason not to accept it as sufficient documentation under PERM Regulation 656.17(e)(1)(ii)(J).

BALCA returned the application to the CO with instructions to certify it.

BALCA Reverses Denial, Finding 3 out of 4 Recruitment Steps in Compliance

Wed, 08 May 2013 08:00:00 -0500

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Battery Engineer.”

The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.

The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.

The Employer argued the location of the employment could be found on their website and they had only one geographic location. As proof, the Employer presented documentation to show that its location was completely revealed on its “Contact Us” page.

The CO forwarded the appeal to BALCA for review of the case. Upon review, it was ordered that “the denial of labor certification in this matter be reversed & remanded for certification.” BALCA cited the following reason for its decision. “Even though the Employer’s advertisement on its own website did not comply with the regulations, the Employer conducted three additional recruitment steps that are in compliance.”

Beginning May 7, 2013, employers must only use the new Form I-9 with a revision date of 03/08/2013

Tue, 07 May 2013 08:00:00 -0500

The U.S. Department of Homeland Security has updated Form I-9. Please see below for a review of all of the new revisions to Form I-9, Employment Eligibility Verification.

Section 1 – Employee Information and Attestation

1. Employees must complete and sign Section 1 of Form I-9 no later than the 1st day of employment

2. Social Security Number:
a. If Employer is enrolled in E-Verify; employee must provide Social Security number.
b. If Employer not enrolled in E-Verify; disclosure of employee Social Security number is voluntary.

3. Optional Items – Email Address and Telephone Number
a. An employee may provide email address and telephone number if they want DHS to notify them if DHS learns of a potential mismatch between the information provided and the information in DHS/SSA records.
b. An employee may choose not to provide an email address and telephone number, and must write N/A in the blocks which request that information

4. Attestation under penalty of perjury:
a. If an alien authorized to work until a specific date…the employee must now provide either:
i. Alien registration number; OR
ii. Form I-94 admission number (11 digit number found on I-94 card), AND
• Must list the Foreign passport number
• Must list the Country where the passport was issued.
b. By signing the form, the employee is attesting that the citizenship or immigration status selected is correct and that they are aware that they may be imprisoned and/or fined for making false statements or using false documentation when completing Form I-9.

Section 2- Employer or Authorized Representative Review and Verification

**REMINDERS:

1. Employers CANNOT specify which document(s) employees may present from the Lists of Acceptable Documents, found on the last page of Form I-9, to establish identity and employment authorization. Employees must present one selection from List A OR a combination of one selection from List B and one selection from List C.

2. If an employee presents a List A document, he or she should NOT present a List B and List C document, and vice versa. If an employer participates in E-Verify, the List B document MUST include a photograph.

3. Employers are REQUIRED to physically examine each document the employee presents to determine if it reasonable appears to be genuine and relate to the person presenting it. The person who examines the documents MUST be the same person who signs Section 2. The examiner of the documents and the employee must both be physically present during the examination of the employee’s documents.

**NEW CHANGES:

1. If the employee is a student or exchange visitor who presented a foreign passport with a Form I-94, the employer should also enter in Section 2:

a. The student’s Form I-20 or DS-2019 number (Student and Exchange Visitor Information System – SEVIS Number); AND the program end date from Form I-20 or DS-2019.

2. Receipts
a. Receipts showing that a person has applied for an initial grant of employment authorization, OR for renewal of employment authorization, are NOT ACCEPTABLE.
b. Three types of acceptable receipts:
• A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire.
• The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form I-551) by the expiration date of the temporary I-551 stamp, or, if there is no expiration date, within 1 year from the date of issue.
• The departure portion of Form I-94/I-94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted Social Security card within 90 days.

Section 3- Reverification and Rehires

*REMINDERS:

a. Employers or their authorized representations should complete Section 3 when reverifying that an employee is authorized to work. Reverification applies if evidence of employment authorization (List A or List C document) presented in Section 2 expires.

b. When rehiring an employee within 3 years of the date Form I-9 was originally completed, employers have the option to complete a new Form I-9, OR complete Section 3 of the original Form I-9.

c. For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided.

d. Employers should not reverify:
• U.S. citizens and noncitizen nationals; OR
• Lawful Permanent Residents who presented a Permanent Resident Card (Form I-551) for Section 2.

*Any new pages of Form I-9 completed during reverification must be attached to the employee’s original Form I-9. If you choose to complete Section 3 of a new Form I-9, you may attach just the page containing Section 3, with the employee’s name entered at the top of the page, to the employee’s original Form I-9.

*Once the individual’s employment ends, the employer must retain this form for either 3 years after the date of hire or 1 year after the date employment ended, whichever is later.

Accurate completion of I-9 forms is a good faith defense to a charge of hiring unauthorized workers.

The best way for an employer to avoid IRCA problems is to establish a meaningful I-9 audit system.

If you are interested in hiring our law firm to help your business achieve and maintain I-9 compliance, please contact our office.

MVP "Immigration Q & A Forum" - This Friday, May 10, 2013

Mon, 06 May 2013 08:00:00 -0500

Our next “Q & A Forum” will take place this Friday, May 10, 2013. Act now and submit your questions!

THANK YOU!

2014 Diversity Visa Lottery (DV-2014) results are now available

Fri, 03 May 2013 08:00:00 -0500

As of May 1st, the results of the 2014 Diversity Visa Lottery (DV-2014) are now available. If you applied for the DV-2014 lottery, you can now check your status online. You must check online, no confirmation emails will be sent by the Department of State (DOS) or anyone else. The Entrant Status Check for DV-2014 applicants will remain open until September 30, 2013. Each year, the United States government issues a maximum of 50,000 green cards through this computer-generated random lottery drawing.

SCAM Alert: Learn how to spot and report Diversity Visa lottery scams.

Source of Information:

"AILA InfoNet Doc. No. 13050142 (posted - 5/1/13)"

Travel.state.gov, web page: Diversity Visa (DV) Program

Q&A: The Senate Immigration Bill

Thu, 02 May 2013 08:00:00 -0500

With so many different stories about Immigration Reform being published, I appreciated this news article written for the New York Times: “Q. and A.: The Senate Immigration Bill”. The main reason I like this article is because it includes real questions from the public. Julia Preston, the national immigration correspondent for The New York Times invited readers to send in Immigration Reform related questions. The answers are her responses to ten selected questions. With the proposed Immigration Reform bill being 844 pages it is hard to pin point the issues that interest the public the most. We know what interests most politicians; you can read it every day in press releases and articles. This is in no way a statistical cross-section but I find it thought-provoking and I hope you do too. I think it also shows the true story of immigration is very personal.

Source of Information:

nytimes.com (4/22/13) article:
Q. and A.: The Senate Immigration Bill